[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 623-627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00424]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2018-0015; FXFR13350700640-190-FF07J00000;
FBMS#4500129154]
RIN 1018-BD11
Subsistence Management Regulations for Public Lands in Alaska--
2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, and methods and means related to
taking of wildlife for subsistence uses during the 2020-21 and 2021-22
regulatory years. The Federal Subsistence Board is on a schedule of
completing the process of revising subsistence taking of wildlife
regulations in even-numbered years and subsistence taking of fish and
shellfish regulations in odd-numbered years; public proposal and review
processes take place during the preceding year. The Board also
addresses customary and traditional use determinations during the
applicable cycle. When final, the resulting rulemaking will replace the
existing subsistence wildlife taking regulations. This rule would also
amend the general regulations on subsistence taking of fish and
wildlife.
DATES:
Public meetings: The Federal Subsistence Regional Advisory Councils
will hold public meetings to receive comments and make proposals to
change this proposed rule on several dates between February 5 and March
12, 2019, and then will hold another round of public meetings to
discuss and receive comments on the proposals, and make recommendations
on the proposals to the Federal Subsistence Board, on several dates
between September 19 and November 5, 2019. The Board will discuss and
evaluate proposed regulatory changes during a public meeting in
Anchorage, AK, in April 2020. See SUPPLEMENTARY INFORMATION for
specific information on dates and locations of the public meetings.
[[Page 624]]
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by March 27, 2019.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Federal
Subsistence Regional Advisory Councils' public meetings will be held at
various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific
information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov and search for FWS-R7-SM-2018-0015, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA-Forest Service, Alaska Region; (907) 743-9461 or
twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program provides a rural
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations were published in
the Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently amended these regulations a number of times. Because this
program is a joint effort between Interior and Agriculture, these
regulations are located in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR part 242.1-28 and
50 CFR part 100.1-28, respectively. The regulations contain subparts as
follows: Subpart A, General Provisions; Subpart B, Program Structure;
Subpart C, Board Determinations; and Subpart D, Subsistence Taking of
Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board comprises:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, USDA-Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D, which, among other
things, set forth program eligibility and specific harvest seasons and
limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council (Council). The Councils
provide a forum for rural residents with personal knowledge of local
conditions and resource requirements to have a meaningful role in the
subsistence management of fish and wildlife on Federal public lands in
Alaska. The Council members represent varied geographical, cultural,
and user interests within each region. Members are appointed by the
Secretary of the Interior with the concurrence of the Secretary of
Agriculture.
Public Review Process--Comments, Proposals, and Public Meetings
The Councils have a substantial role in reviewing this proposed
rule and making recommendations for the final rule. The Federal
Subsistence Board, through the Councils, will hold public meetings on
this proposed rule at the following locations in Alaska, on the
following dates:
Region 1--Southeast Regional Wrangell.......... February 12, 2019.
Council.
Region 2--Southcentral Regional Anchorage......... February 26, 2019.
Council.
Region 3--Kodiak/Aleutians Kodiak............ February 21, 2019.
Regional Council.
Region 4--Bristol Bay Regional Naknek............ February 12, 2019.
Council.
Region 5--Yukon-Kuskokwim Delta Bethel............ March 12, 2019.
Regional Council.
Region 6--Western Interior Anchorage......... February 20, 2019.
Regional Council.
Region 7--Seward Peninsula Nome.............. March 5, 2019.
Regional Council.
Region 8--Northwest Arctic Kotzebue.......... February 27, 2019.
Regional Council.
Region 9--Eastern Interior Fairbanks......... March 5, 2019.
Regional Council.
Region 10--North Slope Regional Utqiagvik......... February 13, 2019.
Council.
During April 2019, the written proposals to change the subpart D,
take of wildlife regulations, and subpart C, customary and traditional
use determinations, will be compiled and distributed for public review.
During a subsequent public comment period, written public comments will
be accepted on the distributed proposals.
The Board, through the Councils, will hold a second series of
public meetings in September through November 2019, to receive comments
on specific proposals and to develop recommendations to the Board at
the following locations in Alaska, on the following dates:
Region 1--Southeast Regional Petersburg........ October 8, 2019.
Council.
Region 2--Southcentral Regional Seward............ October 2, 2019.
Council.
[[Page 625]]
Region 3--Kodiak/Aleutians Kodiak............ September 19,
Regional Council. 2019.
Region 4--Bristol Bay Regional Dillingham........ November 5, 2019.
Council.
Region 5--Yukon-Kuskokwim Delta Bethel............ October 12, 2019.
Regional Council.
Region 6--Western Interior Aniak............. October 8, 2019.
Regional Council.
Region 7--Seward Peninsula Nome.............. October 22, 2019.
Regional Council.
Region 8--Northwest Arctic Kotzebue.......... October 28, 2019.
Regional Council.
Region 9--Eastern Interior Fairbanks......... October 15, 2019.
Regional Council.
Region 10--North Slope Regional Utqiagvik......... October 22, 2019.
Council.
Prior to both series of meetings, notices will be published of
specific dates, times, and meeting locations in local and statewide
newspapers, along with announcements on radio, television and social
media sites. Locations and dates may change based on weather or local
circumstances. The amount of work on each Council's agenda determines
the length of each Council meeting, but typically the meetings are
scheduled to last 2 days. Occasionally a Council will lack information
necessary during a scheduled meeting to make a recommendation to the
Board or to provide comments on other matters affecting subsistence in
the region. If this situation occurs, the Council may announce on the
record a later teleconference to address the specific issue when the
requested information or data is available. These teleconferences are
open to the public, along with opportunities for public comment; the
date and time will be announced during the scheduled meeting and that
same information will be announced through news releases and local
radio, television, and social media ads.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in April 2020. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board immediately rejects proposals that fail to include the
above information, or proposals that are beyond the scope of
authorities in Sec. __.24, subpart C (the regulations governing
customary and traditional use determinations), and Sec. Sec. __.25 and
__.26, subpart D (the general and specific regulations governing the
subsistence take of wildlife). If a proposal needs clarification, prior
to being distributed for public review, the proponent may be contacted,
and the proposal could be revised based on their input. Once
distributed for public review, no additional changes may be made as
part of the original submission. During the April 2020 meeting, the
Board may defer review and action on some proposals to allow time for
cooperative planning efforts, or to acquire additional needed
information. The Board may elect to defer taking action on any given
proposal if the workload of staff, Councils, or the Board becomes
excessive. These deferrals may be based on recommendations by the
affected Council(s) or staff members, or on the basis of the Board's
intention to do least harm to the subsistence user and the resource
involved. A proponent of a proposal may withdraw the proposal provided
it has not been considered, and a recommendation has not been made, by
a Council. After that, the Board must approve withdrawal of a proposal.
The Board may consider and act on alternatives that address the intent
of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via http://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of Subsistence Management, 1011
East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to the Office of Subsistence Management, 907-786-
3888, subsistence@fws.gov, or 800-877-8339 (TTY), at least 7 business
days prior to the meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and federally Recognized
Indian Tribes (Tribes) as listed in 79 FR 4748 (January 29, 2014).
Consultation with Alaska Native corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Alaska National Interest Lands Conservation Act does not
provide specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because tribal members are
affected by subsistence fishing, hunting, and trapping regulations, the
Secretaries, through the Board, will provide federally recognized
Tribes and Alaska Native corporations
[[Page 626]]
an opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: Proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at Council
meetings; engaging in dialogue at the Board's meetings; and providing
input in person, by mail, email, or phone at any time during the
rulemaking process. The Board commits to efficiently and adequately
providing an opportunity to Tribes and Alaska Native corporations for
consultation in regard to subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2020-21 and 2021-22 Wildlife Seasons and Harvest Limit
Regulations
Subpart C and D regulations are subject to periodic review and
revision. The Federal Subsistence Board currently completes the process
of revising subsistence take of wildlife regulations in even-numbered
years and fish and shellfish regulations in odd-numbered years; public
proposal and review processes take place during the preceding year. The
Board also addresses customary and traditional use determinations
during the applicable cycle.
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. The regulations at
Sec. __.24 pertain to customary and traditional use determinations;
the regulations at Sec. __.25 pertain to general provisions governing
the subsistence take of wildlife, fish, and shellfish; and the
regulations at Sec. __.26 pertain to specific provisions governing the
subsistence take of wildlife.
The text of the proposed amendments to 36 CFR parts 242.24, 242.25,
and 242.26 and 50 CFR parts 100.24, 100.25, and 100.26 is the final
rule for the 2018-2020 regulatory period for wildlife (83 FR 50758;
October 9, 2018).
These regulations will remain in effect until subsequent Board
action changes elements as a result of the public review process
outlined above in this document.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA Sec. 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
Sec. 810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rulemaking process was conducted in accordance with Sec. 810. That
evaluation also supported the Secretaries' determination that these
rules will not reach the ``may significantly restrict'' threshold that
would require notice and hearings under ANILCA Sec. 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (OMB)
approval. OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075, which expires
June 30, 2019. An agency may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated value of $3.00 per pound,
this amount would equate to about $6 million in food value statewide.
Based upon the amounts and
[[Page 627]]
values cited above, the Departments certify that this rulemaking will
not have a significant economic effect on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority for rural Alaskan residents on public lands. The
scope of this program is limited by definition to certain public lands.
Likewise, these proposed regulations have no potential takings of
private property implications as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in Sec. Sec. 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the proposed rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide specific rights to tribes for
the subsistence taking of wildlife, fish, and shellfish. However, as
described above under Tribal Consultation and Comment, the Secretaries,
through the Board, will provide federally recognized Tribes and Alaska
Native corporations an opportunity to consult on this proposed rule.
Executive Order 13211
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted this proposed rule under the guidance of
Thomas C.J. Doolittle, Jr. of the Office of Subsistence Management,
Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage,
Alaska. Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Clarence Summers, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, USDA-Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
2020-21 and 2021-22 regulatory years.
0
The text of the proposed amendments to 36 CFR 242.24, 242.25, and
242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the
2018-2020 regulatory periods for wildlife (83 FR 50759; October 9,
2018).
Dated: December 21, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Dated: December 21, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2019-00424 Filed 1-30-19; 8:45 am]
BILLING CODE 3411-15-4333-15-P